Age Discrimination

A seemingly straightforward question has serious implications in many employment contexts – and can determine your right to recover damages if you have suffered illegal discrimination. That question – “who is your employer?” – was just evaluated in a significant Age Discrimination in Employment Act (ADEA) matter. In Holloway v. Water Works & Sewer Bd. Of…

While most people are familiar with laws that make it illegal to be fired based on your race, gender, religion or even age, they may not realize that the failure to hire for these reasons may also be considered employment discrimination. A recent article in Forbes highlighted focused on “age discrimination” and the difficulty proving…

A multi-million dollar age and sex discrimination lawsuit has just been filed against real-estate giant Cushman & Wakefield. According to sources, the discrimination lawsuit was filed in New York state court and alleged that the company failed to promote a 66-year-old female executive in favor of a 38-year-old males. The lawsuit alleges that the woman…

The Sixth Circuit Court of Appeals — which includes Kentucky, Michigan, Ohio and Tennessee — has just determined that a supervisor’s “age related” comments made after a worker was fired could be considered direct evidence of age-related bias. Federal law makes age discrimination illegal. Because Title VII does not include age bias, Congress passed a…

A California jury awarded $17.7 million to a group of five older workers who were given more difficult work hours so as to injured them or frustrate them into quitting. The employers also downgraded the workers performance reviews. In Ward v. Cadbury Schweppes Bottling Grp., a seven member jury found that American Bottling Co. and Dr.…

Recently a court in Ohio determined that if your boss repeatedly asks you questions such as “when are you going to retire?” or urges you to retire, these actions may support a claim under the Age Discrimination in Employment Act (ADEA). The ADEA is a federal law that prohibits discrimination against individuals over the age…

Older workers offer significant experience and maturity to the work force, but unfortunately age discrimination continues to be one of the fastest growing types of employment discrimination claims. In an effort to combat this growing problem, Congress passed the Age Discrimination in Employment Act (ADEA). The ADEA makes age discrimination illegal and provides legal protection for…

Many people think that employers would welcome older workers on the payroll and value the experience they bring to the job. Unfortunately this is not always the case. As the American workforce ages, so has discrimination against older workers. In fact, age discrimination is one of the fastest growing types of employment discrimination. In a recent case…

The U.S. Court of Appeals for the Sixth Circuit has recently revived a man’s claim of age discrimination against the Department of Defense. In Bartlett v. Gates, a 58-year-old man – Barry Bartlett – was denied promotion to a higher level within the Defense Contracts Management Agency (DCMA) despite his 34 years of experience. The Age Discrimination in…

As the number of older Americans in the work place continues to increase, so does the number of Americans facing age discrimination at work. If you are over 40, the Age Discrimination in Employment Act (ADEA) prohibits your employer from discriminating against you and protects you from harassment based on your age. Often, discrimination occurs when one…